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Case Law

Pryce v BaxterStorey Ltd [2022]

Decision number:EAT.61   Legal body: Employment Appeal Tribunal (UKEAT) The claimant commenced work with the respondent in October 2018 as a vending operative. She was dismissed on 23rd August 2019 and she issued proceedings claiming sex and race discrimination on the same day. In submitting her ET1 form she said ‘no’ to the Early Conciliation Certificate Number. S...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Sahadatalli v XSRE.ME Ltd [2022]

Decision number:18585/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant commenced employment with the respondent company in December 2018. The claimant subsequently resigned giving notice in November 2020. The issue arose after the claimant was placed on furlough during October 2020. When his employment concluded and he received his final payslip he ...
This article is listed under the following topics:
Pay Coronavirus/Covid-19 Leave
Case Law

Kickabout Productions Ltd v Revenue and Customs Commissioners [2022]

Decision number:Civ.502   Legal body: England and Wales High Court (EWHC) The appellant was a personal services company. It appealed against the decision of the Upper Tribunal relating to Tax that a radio presenter, Paul Hawksbee, was in an employment relationship with Talksport rather than it being through the company. The background was that the company contracte...
This article is listed under the following topics:
Contracts of Employment
Case Law

Haire v Industrial Temps Ltd [2022]

Decision number:NIIT.7122/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) In January 2019, the claimant contacted the respondent’s Belfast branch relating to a meat-plant looking full-time dayshift workers. The claimant outlined that he was looking for a change as he was in night-shift work. The claimant was subsequently told that he would have to make an online appli...
This article is listed under the following topics:
Discipline and Grievance Discrimination and Equality
Case Law

Mellor v The MFG Academies Trust [2022]

Decision number:1802133/2021   Legal body: Employment Tribunal (ET) The claimant was employed by the respondent as a teacher. The claimant commenced a period of maternity leave in 2018 and returned to work in January 2019. At that point she continued to breastfeed her child. As a result, the claimant’s partner was permitted to bring the baby into the school for ...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Allen v Primark Stores Ltd [2022]

Decision number:EAT.57   Legal body: Employment Appeals Tribunal (EAT) The claimant worked as a department manager for the respondent. In November 2019 the claimant went on a period of maternity leave and on her return she sought flexible working arrangements. She outlined that, as she had sole responsibility for her child, she would need flexibility, especially con...
This article is listed under the following topics:
Discrimination and Equality Family Friendly Rights
Case Law

Wilson v Worthingtons Solicitors [2022]

Decision number:NIIT.23743/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) The respondent, a firm of solicitors, advertised a ‘Level Executive’ position in 2019. The claimant applied for the role in April 2019 and was informed by a letter dated 1st May 2019 that he was not shortlisted for the role. The claimant sought feedback (in July 2019) as to why he had not been s...
Case Law

Maxwell & Others v Tooley’s Bar Ltd [2022]

Decision number:NIIT.23983/20   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimants were all employed by the respondent and worked at ‘La Bodega’ bar in Larne. The respondent company took on, as a TUPE transfer, La Bodega in February 2020. In March 2020 the bar was closed as a result of the Coronavirus pandemic. The claimants were assured that they would be ‘fu...
This article is listed under the following topics:
Dismissal Redundancy Pay Coronavirus/Covid-19
Case Law

Linton v FP McCann Ltd [2022]

Decision number:NIIT.625/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) The claimant was employed by the respondent as a production operator from January 2015 until September 2020. He resigned in September 2020 giving one week’s notice. The claimant brought a claim for disability discrimination as well as unfair dismissal. The main points in the case related to the ...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Case Law

XXXX v HR Rail SA [2022]

Decision number:C-485/20   Legal body: Court of Justice EU (CJEU/ECJ) Background The applicant in the main proceedings was recruited as a specialist maintenance technician for railway tracks by HR Rail, the sole employer of railway staff in Belgium. On 21 November 2016, he started a traineeship at Infrabel, the legal entity acting as the ‘management infrastructure’ f...
This article is listed under the following topics:
Dismissal Discrimination and Equality